Gibson v. Kelly
Montana Supreme Court
Appeal from, Tenth Judicial District, Ghoteau County. Ejectment. Judgment was rendered for the plaintiff by Du Bose, J. Statement of the case by the justice delivering the opinion: A demurrer to the defendant’s answer was sustained, and judgment accordingly entered for plaintiff. The defendant appeals. The action is one in the nature of ejectment.
Read the full summary
Appeal from, Tenth Judicial District, Ghoteau County. Ejectment. Judgment was rendered for the plaintiff by Du Bose, J. Statement of the case by the justice delivering the opinion: A demurrer to the defendant’s answer was sustained, and judgment accordingly entered for plaintiff. The defendant appeals. The action is one in the nature of ejectment. Plaintiff sets up in his complaint that for five years last past he has been, and still is, the owner of lot number 3, section 12, township 23 north, range 7 east, county of Choteau, state of Montana, according to the government survey; that said…
1Opinion of the CourtDe Witt, J.
— This case presents a proposition which is wholly new in this state, and one which, for a century past, has commanded the interest and learning of the ablest of the ■United States and state courts. The question is simply stated: If one’s land be bounded by a navigable river, does his title extend ad filum medium aquae, or to the low-water mark, or to the high-water mark? The legal literature upon this subject in this country is rich in research, reasoning, and learning. In fact the matter has been so extensively treated that at this late day, when a new state is called upon to fix the rule,…
2Cases cited4 opinions
- McManus v. CarmichaelSupreme Court of Iowa · 1856
- Hanford v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1889
- Berry v. SnyderCourt of Appeals of Kentucky · 1867
- Ball v. SlackSupreme Court of Pennsylvania · 1837
3Cited by12 opinions
- Montana Coalition for Stream Access, Inc. v. CurranMontana Supreme Court · 1984
- PPL MONTANA, LLC v. StateMontana Supreme Court · 2010
- Conran v. GirvinSupreme Court of Missouri · 1960
- Herrin v. SutherlandMontana Supreme Court · 1925
- Faucett v. Dewey Lumber Co.Montana Supreme Court · 1928
7 more not listed; retrieve them via the Exa API.